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MEMORANDUM OF UNDERSTANDIN ! ~ / 7/~ 7
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THIS AGREEMENT is made and entered into this day of 2007 b
between Miami-Dade County (MDC), Florida, the Office of the State Attorney 11'h~Judicnal
Circuit of Florida (SAO), the Office of the Public Defender 11`h Judicial Circuit of Florida
(PDO), the Clerk of Courts 11'h Judicial Circuit of Florida Miami-Dade County (COC),
Administrative Office of the Courts 11'x' Judicial Circuit of Florida (AOC), and the Miami-Dade
County Association of Chiefs of Police (MDCACP).
WHEREAS, MDC has acquired computer software licenses for a subpoena and court
notification management system from Orion Communications, Inc, via contract BW8015-7/16-
OTR, hereinafter referred to as e-Notify.
WHEREAS, e-Notify will allow for the electronic transmission of subpoenas and court
notices from the SAO, PDO, and COC to law enforcement personnel within the Eleventh
Judicial Circuit.
WHEREAS, it is the intent of the parties to follow the duties and responsibilities stated
within this Memorandum of Understanding (MOU).
Now THEREFORE, in consideration of the mutual covenants, promises and
representations herein, the parties desiring to be legally bound, do agree as follows:
ARTICLE 1.00: Background
The current subpoena notification process is inefficient and labor intensive. The process
is initiated by entries in the Miami-Dade County Criminal Justice System (CJIS), the Traffic
Information System (TIS), the Parking Violation System (PVS), the SAO, or the PDO. The
subpoenas initiated via CJIS or TIS are printed at Miami-Dade County's Enterprise Technology
Services Department (ETSD) and delivered to the REG Justice Building (REG} for the MDPD
Court Services Bureau to manually sort and distribute. The subpoenas printed from the PVS
system are distributed by the Clerk of Courts Parking Violations Bureau.
E-Notify will streamline the subpoena and court notification process for the MDPD Court
Services Bureau and the Clerk of Courts to deliver and document subpoenas. It will allow for
the calculation of court-related overtime expenses and will enhance communication efficiency
among the above-mentioned partners in the criminal justice system. E-Notify will provide a date
and time stamp for event dispositions by using acheck-in and acheck-out process, and enhance
records management, follow-up, and control by providing information and ease of access to
information for supervisors and officers. The program will integrate automatically with existing
systems and interfaces.
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MEMORANDUM OF UNDERSTANDING
ARTICLE 2.00: E-Notify Steering Committee
E-Notify system oversight will be provided by a working group comprised of
representatives from COC, ETSD, SAO, PDO, MDCACP, and AOC hereinafter called the e-
Notify Steering Committee. Specific functionslprocesses will be performed by designated
decision makers whose approval will be required before any modifications ar enhancements can
be made that will impact any of these "owned" functions/processes.
E-Notify Steering Committee representatives will be appointed by their respective
agencies, must be knowledgeable in overall agency policy and procedures, such as court and
work schedules, have knowledge of the respective interfaces with e-Notify and be delegated
sufficient authority to make and/or resolve operational procedures.
The e-Notify Steering Committee shall exist throughout the life of the e-Notify system.
Each agency shall have the authority to replace its member at any time.
ARTICLE 3.00: Definitions
The following words and phrases when used in the Memorandum of Understanding shall
have the following meanings:
"Police Administrator" shall mean the person designated by each participating Law
Enforcement agency as the Police Administrator and charged with the responsibility of providing
e-Notify management oversight for law enforcement personnel within each agency bureau or
district. Agency level access is granted for reports, view subpoenas/notifications and notes,
receive e-mail notification of escalations, leave management, and acknowledge with exception
for conflicts.
"Office Administrator" shall mean the person designated by the SAO, PDO, AOC, and
COC as the Office Administrator and charged with the responsibility of providing e-Notify
management oversight for office personnel.
"Master Administrator" shall mean the person designated by the SAO, PDO, AOC,
COC, and each participating Law Enforcement agency as the Master Administrator with the top
permission level for law enforcement and court-related agencies. The Master Administrator is
charged with the responsibility of setting agency specific variables within the e-Notify system, as
well as administering and validating user profiles, and shall be familiar with the agencies' rules
regarding court, work schedules, and overall organization policy and procedures. The Master
Administrator is not allowed access to information for other agencies within e-Notify.
"System Administrator" shall mean the person designated by ETSD as the System
Administrator with the top permission level over all law enforcement and court agencies and is
charged with the responsibility of granting permissions within the e-Notify system to set and edit
variables across all agencies, archive data, administer application installation, configuration,
back-up and recovery.
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MEMORANDUM OF UNDERSTANDING
"Tiered Support" shall mean support provided by the stakeholders and shall consist of a
three tier support program. This is intended to provide the e-Notify system end-users with
appropriate access to support. The ls`, 2"d, and 3'd tier staff will work closely together and shall
have the skill sets necessary to provide system support.
"1" Tier Support" shall mean support provided by Police Administrators, Qffice
Administrators, and Master Administrators, and shall consist of the first point of contact for
customer support of police, supervisors and personnel using the e-Notify system. The Police
Administrator or Office Administrator will triage the issue to determine whether it is technical or
operational. The Police Administrator, Office Administrators, and Master Administrator shall
resolve operational issues and respond to questions concerning the use of the system. Technical
issues shalt be reported to ETSD customer support.
" 2"d Tier Support" shall mean support provided by ETSD Customer Support and shall
consist of technical issues reported that shall be triaged to determine whether the technical issue
is caused by hardware housed at ETSD, network, File Transfer Protocol (FTP) or Web Services
interfaces, or due to the application. Application issues shall be reported to the 3"d Tier support
for vendor customer support.
"3rd Tier Support" shall mean support provided by the vendor customer support, as
specified in contract BW801 S-7/16-OTR Appendix G: Maintenance Agreement, and shall
consist of technical issues determined to be caused by the application.
ARTICLE 4.00: Miami-Dade County Responsibilities
In connection with the performance of this MOU, ETSD shall act on behalf of the County
and will be responsible for:
1. The e-Notify system and contract with the vendor in consultation with the e-Notify Steering
Committee.
2. ETSD will provide representation on the e-Notify Steering Committee which shall provide
oversight for the e-Notify application.
3. ETSD will support the infrastructure necessary to house the e-Notify software
application. This application will be accessible to all parties governed by this MOU via
the Internet, while remaining inaccessible to the public.
4. ETSD will support network connectivity to the e-Notify system. It will provide support for
the system including software enhancements, in cooperation with the e-Notify vendor and e-
Notify Steering Committee.
5. ETSD will provide 2"d Tier service center technical support. This service shall be coordinated
by the ETSD designated e-Notify System Administrator.
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ME1I~ORANDUM OF UNDERSTANDING
6. ETSD System Administrator shall set roles for the COC and AOC to access the e-Notify
system to view all subpoenas/notifications issued within the system.
7. ETSD will provide maintenance for Kiosks at all main courthouse liaison locations, the SAO
located at 1350 NW 12`h Avenue, Miami, Florida 33126 and the PDO located at 1320 NW 14
Street, Miami, Florida 33125.
8. ETSD will develop a detailed disaster recovery plan to deal with both natural and man made
disaster.
9. ETSD will maintain interfaces between the Criminal Justice Information System (CJIS),
Traffic Information System (TIS), Parking Violation System (PVS) and e-Notify.
ARTICLE 5.00: The SAO agrees:
1. That it will provide representation on the e-Notify Steering Committee.
2. That it will acquire and pay for its own workstations, laptops, pagers, personnel, Internet
connectivity/DSL services and other such types of necessary equipment to access the e-
Notify system over the Web.
3. That it will interface its system such that most personnel will not need to use the e-Notify
system. Personnel, who need direct access to the e-Notify system, will use the intemet
access and Internet Explorer version S.0 or greater.
4. Any custom software needed to support the SAO interface with e-Notify will be maintained
by the SAO.
5. That it will provide a-mail accounts and access to a-mail to SAO personnel to use the e-
Notify system.
b. That it will provide personnel for train-the-trainer training conducted by the e-Notify vendor.
7. That it will provide personnel for training including administrators and supervisors in
addition to other personnel likely to use the system.
8. That it will assign personnel as the designated Office Administrator{s) and Master
Administrator to provide the 1 S`-tier support regarding the system use and operation.
9. That it will grant and maintain access to the e-Notify system for its personnel authorized by
the Office Administrators. The designated Office Administrators will also manage the usage
of the e-Notify system.
] 0. That it will send e-Notify all its requests for appearances of officers from the participating
law enforcement agencies and any cancellations of said requests.
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MEMORANDUM OF UNDERSTANDING
11. That it will send subpoenas and notices of deposition in compliance with the time and work
schedule requirements of Florida Statutes Section 48.031(4)(a), or unless otherwise ordered
by the courts, on a case-by-case basis.
ARTICLE 6.00: The PDO agrees:
l . That it will provide representation on the e-Notify Steering Committee.
2. That it will acquire and pay for its own workstations, laptops, pagers, personnel, Internet
connectivity/DSL services and other such types of necessary equipment to access the e-
Notify system over the Web.
3. That it will interface its system such that most personnel will not need to use the e-Notify
system. Personnel, who need direct access to the e-Notify system, will use the internet
access and Internet Explorer version 5.0 or greater.
4. Any custom soliware needed to support the PDO interface with e-Notify will be maintained
by the PDO.
5. That it will provide a-mail accounts and access e-mail to PDO personnel to use the e-Notify
system.
6. That it will provide personnel for train-the-trainer training conducted by the e-Notify vendor.
7. That it will provide personnel for training including administrators and supervisors in
addition to other personnel likely to use the system.
8. That it will assign personnel as the desi
Administrator to provide the ls'-tier support~aegardingcthe systemruse(sand operat on.
9. That it will grant and maintain access to the e-Notify system for its personnel authorized by
its Office Administrators. The designated Office Administrators will also manage the usage
of the e-Notify system.
10. That it will send e-Notify all its requests for appearances of officers from the participating
law enforcement agencies and any cancellations of said requests.
1 [. That it will send subpoenas arxd notices of deposition in compliance with the time and work
schedule requirements of Florida Statutes Section 48.031(4)(a), or unless otherwise ordered
by the courts, on a case-by-case basis.
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MEMORANDUM OF UNDERSTANDING
ARTICLE 7.00: The COC agrees:
1. That it will provide representation on the e-Notify Steering Committee.
2. That it will interface its system such that most personnel will not need to use the e-Notify.
Personnel, who need direct access to the e-Notify, will use the internet access and Internet
Explorer version 5.0 or greater.
3. That it will assign personnel as the designated Office Administrator to provide the ls'-tier
support regarding the system use and operation.
4. That it will maintain exclusive control of all subpoena templates approved by the SAO, PDO
and COC.
5. That it will continue all docketing and filing procedures. It will also provide paper copies of
subpoenas and notices of deposition from e-Notify when specifically requested to do sa by a
court, the SAO, and the PDO.
6. That it will grant and maintain access to the e-Notify system for its personnel authorized by
its Office Administrators. The designated Office Administrators will also manage the usage
of the e-Notify system.
7. That it will send to e-Notify all trial subpoenas, court hearings and re-scheduled court
appearances for officer (and other police department personnel), notifications of depositions,
and notification of cancellation for officers (and other police department personnel).
ARTICLE $.00: The AOC agrees:
1. That it will provide representation on the e-Notify Steering Committee.
2. Personnel, who need direct access to the e-Notify, will use the internet access and Internet
Explorer version 5.0 or greater.
3. That it will assign personnel as the designated Office Administrator to provide the l s`-tier
support regarding the system use and operation.
4. That it will grant and maintain access to the e-Notify system for its personnel authorized by
its Office Administrators. The designated Office Administrators will also manage the usage
of the e-Notify system.
ARTICLE 9.00: MDCACP and User Agencies.
1. T2~e MDCACP will provide representation on the e-Notify Steering Committee.
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MEMORANDUM OF UNDERSTANDING
2. The MDCACP will pay to MDC $30,240 each year for the use of e-Notify services.
MDCACP shall also pay any additional maintenance costs that may arise from changes in
software maintenance agreements under Contract BW8015-7/16-OTR. 1n the event that
MDCACP does not agree to pay additional maintenance costs as stated in the preceding
sentence, this agreement shall be terminated as provided in Article 12. The first payment by
the MDCACP shall be made to MDC no later than the 1st day of the 12th month aRer the
date the system becomes usable by at least one subpoena/notification receiving entity within
the MDCACP. Subsequent payments shall be made no Later than 12 months after the prior
payment. In the event that this Agreement is terminated as provided in Article 12, the
MDCACP shall, on a pro rata basis, pay for services through the date of termination of the
Agreement.
The agreement to pay actual maintenance costs on an annual basis, as stated in the preceding
paragraph, shall remain in effect until Contract BW8015-7/I6-OTR between MDC and Orion
Communications, Inc. is terminated or expires, whichever date shall occur first. In the event
that contract BW$015-7/16-OTR is terminated or expires, the MDCACP shall, on a pro rata
basis, pay for services through the da#e of. termination of Contract BW8015-7/16-OTR.
Thereafter, MDCACP will pay to MDC on an annual basis a sum equivalent to the actual
cost to maintain the e-Notify system. In the event that MDCACP does not agree to pay
actual maintenance costs as stated in the preceding sentence, this agreement shall be
terminated as provided in Article 12.
3. MDCACP shall use its best efforts to ensure that agencies under the MDCACP (hereinafter
"MDCACP User Agencies") comply with the following user requirements:
A. Each MDCACP User Agency shall acquire its own workstations, laptops, pagers,
Internet connectivity/DSL services and other such types of equipment appropriate
for their business processes to access the e-Notify system over the Web;
B. Each MDCACP User Agency shall provide their respective personnel, who will
use the e-Notify system, with internet access using Internet Explorer Version 5.0
or greater;
C. Each MDCACP User Agency shall provide a-mail accounts and the ability to
access a-mail, to their respective personnel who will use the e-Notify system;
D. Each MDCACP User Agency shall authorize personnel for train-the-trainer
training conducted by the e-Notify vendor.
E. Each MDCACP User Agency shall authorize personnel far training including
administrators and supervisors in addition to other personnel assigned to use the
system.
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MEMQR.ANDUM QF UNDERSTANDING
F. Each MDCACP User Agency shall grant and maintain access to the e-Notify
system for its personnel authorized by designated Master and Police
Administrators.
G. Master and Police Administrators within each MDCACP User Agency will be
trained by the e-Notify vendor to provide 1 S`-tier support for end-user and
operational issues.
H. Each MDCACP User Agency shall agree that successful entry of a subpoena or
notice of deposition in e-Notify by an agency constitutes delivery and proper
service under Florida Statute Section 48.031(4} {a). By agreeing to this, however,
each MDCACP User Agency is in no way waiving any of its legal rights to reject
service for any of the reasons listed in Florida Statutes, Section 48.031(4)(a)(1)-
(3).
I. Each MDCACP User Agency shall provide written notice and obtain written
consent of its individual officers and employees as to their responsibilities for e-
Notify outlined herein.
J. Each MDCACP User Agency shall agree, at a minimum, to abide by the below
listed procedures, unless the agency adopts procedures that are equivalent to or
more stringent then those listed below.
a. Acceptance of Subpoenas and Court Notices:
Employees will have an option as to how they check for subpoenas or court
notices via their respective a-mail system or direct log-in into the e-Notify system.
Employees issued a laptop or assigned a computer will utilize their assigned computer to
check for subpoenas and/or court notices twice during their regular scheduled work day
(at the beginning and prior to the end of their shift). Employees who do not have a
computer assigned to them will utilize a computer with internet access designated for this
purpose by the respective agency.
1. Acknowledgement of agency subpoena and court notices:
When an employee checks the Agency's a-mail system while on duty and
determines that he or she has an e-mail notifying of the existence of a subpoena or
court notice, the employee must directly log onto the e-Notify system to acknowledge
and receive the subpoena or court notice. If the employee chooses, he or she could
directly log onto the e-Notify via the Internet. If there is a subpoena ar court notices,
the employee will then be required to acknowledge and receive the subpoena or court
notices, and attend the hearing as scheduled.
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MEMORANDUM OF UNDERSTANDING
2. Conflict Exception Procedure:
If the employee discovers that there is a personal conflict with a scheduled
date, the employee must contact his or her immediate supervisor. If the immediate
supervisor is not available, the employee shall contact a supervisor in his or her
current place of assignment and explain the situation. If the supervisor determines
that there is a valid reason far the employee to be excused from court or proceedings,
the supervisor will then be required to log onto the system, acknowledging and
receiving the subpoena or court notice with exception. The supervisor will then be
required to enter an explanation for the employee's inability to attend court
proceedings or hearing (i.e. illness, etc.). However, if the supervisor determines that
the employee must still attend the scheduled date, the supervisor will direct the
employee to log onto the e-Notify system to acknowledge and receive the subpoena
or court notice.
3. Escalation Notification:
When a subpoena or court notice is not acknowledged by an employee, e-
Notify will issue a reminder a-mail to the employee every three days. If the employee
fails to acknowledge the subpoena or court notice, e-Notify will escalate the
notification to supervisors along the employee's chain-of-command. The escalation
progression is configurable for each agency. The recommended progression is as
follows:
At 9 days before the court date or hearing-escalation is forwarded to the
immediate supervisor.
At 7 days before the court date or hearing---escalation is forwarded to the ~na
level supervisor (i.e. Lieutenant or Equivalent).
At 5 days before the court date or hearing-escalation is forwarded to the 3ra
level supervisor {i.e. Captain or Equivalent).
At 3 days before the court date or hearing---escalation is forwarded to the 4`"
level supervisor (i.e. Major ax Equivalent).
All supervisors must remind their personnel to check for subpoenas and court
notices daily (each of the employee's working days). Supervisors should avoid
allowing the escalation feature of the program to begin its process of notification by
continually reminding their subordinates to check e-Notify daily (each of the
subordinate's working days) as instructed. The mere acknowledgement of the
escalation does not acknowledge receiving the subpoena or court notice, it merely
informs interested parties that the supervisor is aware of the problem and will address
it with their subordinate.
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MEMORANDUM OF UNDERSTANDING
However, in the event that the escalation process begins, the first supervisor
receiving the escalation notification must take one of the below steps to satisfy the
process. The supervisor should instruct the concerned employee to log onto the e-
Notify system and acknowledge and receive the subpoena or court notice. The
supervisor shall acknowledge and receive the subpoena or court notice on behalf of
the employee and personally hand deliver or verbally notify the employee of the
subpoena or court notice. Supervisors, who acknowledge a subpoena or court notice
on behalf of a subordinate, will be held accountable for notifying the subordinate of
the subpoena or court notice. If the subordinate is unable to attend court, the
supervisor will be required to acknowledge and receive the subpoena or court notice
with exception. To do so, the supervisor will be required to write an explanation for
the employee's inability to attend court or proceedings (i.e. illness, sickness, etc.).
b. Checking in and out of Court:
When an employee attends a related activity in response to a subpoena or court
notice, the employee will be required to check in and out of court at kiosks (a check-in
and-out computer station). For the check-in/out process there will be kiosks located at
each of the Eleventh Judicial Circuit Court Liaison offices, as well as at the SAO and
PDO. The employee will log onto the system and answer specific predetermined
questions. After logging on, the employee will report to the specific courtroom or
location. Employees are reminded to log in at the kiosk with sufficient time to appear in
court at the designated time listed on the subpoena or court notice. At the end of the case
or proceedings, the employee will return to the kiosk and check out by answering other
predetermined questions related to the case. When checking out of court for the day on a
case that was set for trial or motion and was continued for a future date within that same
week, the officer, when signing out of the kiosk, should enter the future date and time of
the reset, and print a copy of that information before leaving the courthouse as the notice
for the new court date.
If the venue of the court activity proceedings is at a location other than aMiami-
Dade County courthouse (i.e. deposition at the offices of a private attorney, court cases in
another county), the employee should sign-in and sign-out of those proceedings utilizing
their assigned laptop computer (if one is issued to the employee), or using the agency's
current system.
c. Employee Inability to Appeaz in Court:
If an employee is unable to appear for a court activity at the date/time specified
due to illness or another emergency, the employee shall contact a supervisor {sergeant or
above) within his or her chain-of-command for approval. The supervisor must then log
onto the e-Notify system to update the employee's subpoena or court notice with an
acknowledgment with exception. The supervisor will then explain the reason why the
employee is unable to attend court.
d. Leave Request:
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MEMORANDUM OF UNDERSTANDING
~ Employee scheduling is an important component of e-Notify. When an employee
requests any form of leave, the employee is required to enter such leave request in the e-
Notify system. Therefore, all projected leave must be submitted utilizing e-Notify as
well as each agency's current system. Employees are required to follow the steps listed
below:
• The employee will enter e-Notify and submit the leave request type and start/end
dates in the appropriate fields.
The employee will then submit the request to their immediate supervisor via the
e-Notify system for approval.
• The supervisor will be required to approve or disapprove the leave utilizing the e-
Notify system.
If there is a conflict, (e.g., a subpoena has been issued for a date during the
requested leave period) the system will prevent the employee from entering their request
for leave and the employee will be unable to request the leave.
• In this case, the employee could resubmit a new request date, or consult with their
immediate supervisor who will evaluate the request and make a final
determination as to approving or disapproving the leave.
If the employee's supervisor approves the leave that is in conflict with one or
more subpoenas or court notices, the supervisor will be required to enter e-Notify
and acknowledge with exception each subpoena or court notice.
The supervisor will then enter the reason why the employee will not be able to
attend court in the provided space. Once this is done, the supervisor could then
approve the employee's leave and block the selected time frame from further
subpoenas or court notices.
Until leave is approved by the employee's supervisor, the employee is expected to
attend court and depositions as required. The e-Notify system does not approve or
disapprove leave requests. The authority of approving or disapproving leave is granted to
the employee's immediate supervisor or supervisors in the employee's chain of
command. Even if leave is approved, the subpoena or officer notification is still in effect
unless quashed by the court or the employee is excused by the party or court that issued
the subpoena.
e. Chain-of-Command:
The identification of employees and their supervisor is a requirement for the
escalation feature within the e-Notify system. In order for a supervisor to be notified that
one of his or her subordinates has failed to acknowledge and receive a subpoena or court
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MEMORANDUM Off' UNDERSTANDING
notice, the system must contain a record of that employee's chain of command. ]n order
to maintain the system up-to-date, supervisors of all ranks must enter the system and
select the employees that immediately report to them and place them under their
supervision. In other words, a sergeant will select the assigned officers who work for
him or her, and place them under his command. That sergeant's lieutenant will place that
sergeant and any other individuals -who report to him under his chain. The captain will
do the same for the lieutenants assigned to him. This procedure will continue up the
chain-of-command.
Supervisors are required to keep this process updated and should do so no later
than three days after an employee's transfer or detachment is effective. Whenever one or
more subordinates are transferred or detached to a new assignment, the new supervisor
will be required to update the e-Notify system. Supervisors will only be required to
update the system with newly assigned subordinates. The previous supervisor will not be
required to remove a subordinate who has left his chain of command. However, if a
supervisor notices that after three days an employee who no longer reports to him or her
is still showing under the old chain-of-command, that supervisor is to contact the
employee's new place of assignment and request the administrative supervisor or their
designee update the system. This is particularly important when it comes to employee
resignation, retirement or termination.
In the event an escalation occurs during the transfer or detachment of an
employee and prior to the new supervisor adding the employee to his or her squad/unit,
the supervisor receiving the escalation will be required to personally notify the employee
and his or her new supervisor immediately of the escalation. If the supervisor is unable
to contact the employee or the new supervisor, the supervisor will be required to contact
the new supervisor or designee and advise them of the escalation. It will be the
responsibility of the new supervisor, the administrative supervisor or their designee to
immediately transfer the employee in e-Notify to the appropriate squad/unit and to
properly address the escalation of the subpoena or court notice.
f. Monitoring e-Notify:
All agencies under MDCACP will be required to select adequate personnel from
their respective entity, who will be granted the role of Master Administrator to set agency
'specific variables and validate user profiles.
All agencies under MDCACP will be required to select adequate personnel from
their respective entity, who will be granted the role of Police Administrator to monitor
the system during normal business hours. This employee(s) will be responsible to
monitor e-Notify for short notice notification (rush subpoenas). When a short notice
notification arrives for an employee, this selected employee{s) will review this short
notice notification to determine if the subpoenaed officer will have sufficient time to
receive and acknowledge the subpoena or court notice. If the short notice is on one of the
subpoenaed employee's day off, then one of these employee(s) will be responsible to
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MEMORANDUM OF UNDERSTANDING
acknowledge the subpoena on behalf of the employee and to contact the employee of the
short notice subpoena.
All agencies under MDCACP will assign personnel as the designated Agency
Police Administrator to provide the 15~-tier support regarding the system use and
operation.
g. Employee Contact Information:
An additional feature that allows the system to wark successfully is the ability of
every employee to provide contact information to everyone who utilizes the system. This
is beneficial when an Assistant State Attorney needs to contact an officer that has been
placed on a stand-by status for a case. When an employee receives astand-by subpoena,
he or she will not be able to acknowledge the subpoena, until they have either provided a
contact number or have verified the phone numbers already in the system.
h. Employee Resignation, Termination and Retirement:
When an employee resigns, is terminated, retires or severs their employment with
the agency, the agency Master Administrator will be responsible to update e-Notify. The
agency will be responsible to deactivate the employee in e-Notify, enter the last day of
employment (end-of-service date) and the reason for the employee being removed from
e-Notify (i.e. retired, terminated, resigned, etc.) in the respective area of the program.
The employee's information will never be deleted from e-Notify, he or she will just be
deactivated.
4. Each User Agency (hereinafter "User Agency") shall be given access to the e-Notify
system after ETSD has received from each User Agency an executed e-Notify User Agreement
in substantially the form attached hereto wherein the User Agency has agreed to comply with,
among other requirements, the requirements of Article 9.00. A copy of the e-Notify User
Agreement is attached hereto as Attachment A.
I. Nothing in this Memorandum of Understanding prevents an attorney from filing a
rule to show cause for an officer's failure to appear in court.
ARTICLE 10.00: Indemnification Clause
The County does hereby agree to indemnify and hold harmless the other parties to this
MOU to the extent and within the limitations of Section 768.28, Fla. Stat., from any and all
liabilities, losses and causes of action which may arise solely as a result of the negligence of the
County. However nothing herein shall be deemed to indemnify the other parties to the MOU
from any liability or claim arising out of the negligent performance or failure of performance of
the other parties to the MOU or any unrelated third party.
The SAO does hereby agree to indemnify and hold harmless the other partie$ to this
MOU to the extent and within the limitations of Section 768.28, Fla. Stat., from any and all
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MEMORANDUM OF UNDERSTANDING
liabilities, losses and causes of action which may arise solely as a result of the negligence of the
SAO. However nothing herein shall be deemed to indemnify the other parties to the MOU from
any liability or claim arising out of the negligent performance or failure of performance of the
other parties to the MOU or any unrelated third party.
The PDO does hereby agree to indemnify and hold harmless the other parties to this
MOU to the extent and within the limitations of Section 768.28, Fla. Stat., from any and all
liabilities, losses and causes of action which may arise solely as a result of the negligence of the
PDO. However nothing herein shall be deemed to indemnify the other parties to the MOU from
any liability or claim arising out of the negligent performance or failure of performance of the
other parties to the MOU or any unrelated third party.
The COC does hereby agree to indemnify and hold harmless the other parties to this
MOU to the extent and within the limitations of Section 768.28, Fla. Stat., from any and all
liabilities, losses and causes of action which may arise solely as a result of the negligence of the
COC. However nothing herein shall be deemed to indemnify the other parties to the MOU from
any liability or claim arising out of the negligent performance or failure of performance of the
other parties to the MOU or any unrelated third party.
The AOC does hereby agree to indemnify and hold harmless the other parties to this
MOU to the extent and within the limitations of Section 76$.28, FIa. Stat., from any and all
liabilities, losses and causes of action which may arise solely as a result of the negligence of the
AOC. However nothing herein shall be deemed to indemnify the other parties to the MOU from
any liability or claim arising out of the negligent performance or failure of performance of the
other parties to the MOU or any unrelated third party.
The MDCACP does hereby agree to indemnify and hold harmless the other parties to this
MOU to the extent and within the limitations of Section 768.28, FIa. Stat., from any and all
liabilities, losses and causes of action which may arise solely as a result of the negligence of the
MDCACP. However nothing herein shall be deemed to indemnify the other parties to the MOU
from any liability or claim arising out of the negligent performance or failure of performance of
the other parties to the MOU or any unrelated third party.
ARTICLE 11.00: Special Provision
All parties agree to maintain their current subpoena system for a minimum of 90 days
from the implementation date of the e-Notify system.
During the initial 90 days of using the e-Notify system the written subpoenas and
notifications will print with information indicating that it is a duplicate and has also been sent via
the e-Notify System. Any discrepancies between the written process and electronic process must
immediately be reported to the agency Master Administrator. Each Master Administrator will
compile their agency information to report to the ETSD System Administrator for resolution.
After completion of the initial 90 days of using the e-Notify system, each agency shall
send their written request to stop the subpoena print process to the ETSD System Administrator.
-14-
MEMORANDUM OF UNDERSTANDING
The ETSD System Administrator will coordinate the process to cease the written process by first
seeking Steering Committee approval, coordinate implementation of required changes in the
CJIS, TIS and PVS systems, and entering the necessary settings within e-Notify.
ARTICLE 12.00: Term of Agreement
Phis MOU shall become effective upon signature by all parties and will remain in force
until terminated by the parties.
ARTICLE 13.00: Termination of Agreement
AnY p~Y may terminate this Agreement by providing advance written notification
ninety days prior to the termination date.
No alteration, change or modification of the terms of this MOU shall be valid unless
made in writing, signed by all parties hereto, and approved by the Steering Committee.
This understanding, regardless of where executed, shall be governed by and construed
according to the laws of the State of Florida and venue shad be in Miami-Dade County, Florida.
In WITNESS WHEREOF, the parties hereto are authorized to acknowledge and execute
this Memorandum of Understanding on behalf of their agency this da of
2007. y
(Signature page follows)
- 1S
MEMORANDUM OF UNDERSTANDING
MIAMI-DADE COUNTY
BY: `
~Geo e M. Burgess
County Manager
Miami-Dade County
APPROVED AS TO FORM
AND LEGAL SUFFICI NCY
!~-s/'/~
bounty Attorney
CLERK OF COURTS
~ ITH JUDICIAL CIRCUIT OF FLORIDA
MIAMI-DADE COUNTY
r
~~
B __
Harvey Ruvm
Clerk of the >~
11`h Judicial Circuit of Florida
Miami-Dade C my
ATTEST:
TITLE •
APPROVEDp /~S TO FORM
Counsel
OFFICE OF T,;II~, STATE
Fernandez Rundle
State Attorney
11`h Judicial Circuit of Florida
A`ITEST:
TITLE: C% ~~ C . ~GC~?G T
APPROVED AS TO FORM
~_~.~~
SAO Attorney
OFFICE OF THE PUBLIC DEFENDER
11TH JU ICIAL CIRCUIT OF FLORIDA
BY
Bennett H. B er
Public Defender
11'h Judicial Circuit of Florida
ATTEST: ~ V,¢SZ
TITLE:__
OV D ORM
PDO Att y -
-16-
MEMORANDUM OF UNDERSTANDING
MIAMI-DADS COUNTY ASSOCIATION
OF CHIEF'S OF POLICE
BY: G~
Robert Parker
President of MDCACP
APPROVED AS TO FORM
ADMINISTRATIVE OFFICE OF THE
COURTS 11TH JUDICIAL CIRCUIT OF
FLORIDA
BY:
Ruben O. Carrerou
Court Administrator
ATTES : ~ l~.e~
TITLE: Admin>S~hrO~~ ~sls~Fa-rt 3
APPROVED AS TO FORM
v------~
MDCACP Attorney
AOC Attorney
-17-
MEMORANDUM OF UNDERSTANDING
E-NOTIFY USER AGREEMENT
Pursuant to Article 9.00, section 4 of the Memorandum of Understanding executed on
2007, between Miami-Dade County, the Clerk of the Courts, the Office of the State
Attorney, Administrative Office of the Courts and the Office of the Public Defender (hereinafter
"MOU"), .(User A ency) desires to be given access to the e-Notify system purchased by Miami-
Dade County pursuant to contract BW8015-7/16-OTR between Miami-Dade County and Onion
Communications, Inc. In exchange for being given a user access code to access the e-Notify
system owned by Miami-Dade County, User A enc agrees to comply with all of the
requirements contained in Article 9.00 sections 3-4 of the Memorandum of Understanding.
Further, User Agency) agrees to indemnify and hold harmless the parties to the MOU to the
extent and within the limitations of Section 768.28, Fla. Stat., from any and all liabilities, losses
and causes of action which may arise solely as a result of the negligence of the (User A end).
However, nothing herein shall be deemed to indemnify the parties to the MOU from any liability
or claim arising out of the negligent performance or failure of perfomtance of the parties to the
MOU or any unrelated third party. 'This User Agreement shall become effective upon signature
by Miami-Dade County and the User Agency and will remain in force until terminated by the
parties. Any party may terminate this User Agreement by providing advance written notification
ninety days prior to the termination date. No alteration, change or modification of the terms of
this User Agreement shall be valid unless made in writing and signed by all parties hereto.
l~ll(lilll-L4ua. ..~,.~~~y
I
BY:
County Manager
ATTEST:
BY:
ATTEST:
User Agency
TITLE:
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY
County Attorney
Attorney
ATTACHMENT A
Z~
l8-
Legisl~ti~le Matter
_. .
/ ~
Page 1 of 3
Miami-Dade Legislative Item
File Number: 0713$7
~ Printable_PDF_Format +~`Print this_,pagE
File Number: 071387 Fite Type: Resolution Status: Adopted
Version: 0 Reference: R-709-07 Control: County Commission
File Name: USE & OVERSIGHT OF THE E-NOTIFY SUBPOENA Introduced: 5/3/2007
Requester: Enterprise Technology Services Department Cost: Final Action: 6/512007
Agenda Date: 6/512007 Agenda Item Number: 9A12A
__._..___.___M._.__..___.----__._.._ __._....._ _ __,_..~__.__...__._.-.__._____.._..__..._._._....._...._.~_._.___._-----~..._._._._.._...__ ___..._.._____~_..~_.
Notes: EG ___ . ................_
Title: RESOLUTION AUTHORIZING EXECUTION OFA MEMORANDUM OF UNDERSTANDING WITH THE STATE
ATTORNEY'S OFFICE, PUBLIC DEFENDER'S OFFICE, CLERK OF COURTS, ADMINISTRATIVE OFFICE OF THE
COURTS, AND MIAMI-DADS COUNTY ASSOCIATION OF CHIEFS OF POLICE ESTABLISHING THE TERMS FOR THE
USE AND OVERSIGHT OFTHE E-NOTIFY SYSTEM
list: None Listed
Acting Body
Board of CouNy
Commissioners
Health and Publi
Committee
County Attorney
County Attorney
Date Agend
Item
6/5/2007 9A12A
Safety5/17/200730
5/11 /2007
5/1 012 0 0 7
REPORT: returned
Date:
Due Date ReturnedPass/Fail
Adopted
Forwarded to BCC with a
favorable recommendation
Assigned
Assigned
County Manager 5!10/2007 Assigned
REPORT: RETURN FOR CORRECTIONS-EG
County Manager 5110/2007 Assigned
County Manager 513!2007 Assigned
County Manager 513!2007 Assigned
REPORT: ETSD{HPSC-5/17/2007-MOU)
County Manager 5!312007 Referred
County Attorney 5/3/2007 Assigned
Hugo Benitez 5/11/2007
County Manager's
Office
Ian H. Yorly 5/10!2007
County Attorney 5/10/2007
Ian H. Yorty 5/112007 5/3/2007
County Attorney 615/2007
Health and Public 5/17/2007
Safety Committee
5/9/2007
TITLE .
RESOLUTION AUTHORIZING EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH THE STATE ATTORNEY'S
OFFICE, PUBLIC DEFENDER'S OFFICE, CLERK OF COURTS, ADMINISTRATIVE OFFICE OF THE COURTS, AND MIAMI-
DADE COUNTY ASSOCIATION OF CHIEFS OF POLICE ESTABLISHING THE TERMS FOR THE USE AND OVERSIGHT OF
THE E-NOTIFY SYSTEM
BODY
WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is
corporated herein by reference,
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY,
FLORIDA, that this Board authorizes the execution of a Memorandum of Understanding between Miami-Dade County, State
Attorney's Office, Public Defender's Office, Clerk of the Courts, Administrative Office of the Courts, and the Miami-pade County
Association of Chiefs of Police for the use support and oversight of the e-Notify system; authorizing the County Mayor or his
designee to execute the Memorandum of Understanding on behalf of the County and to exercise all provisions contained therein,
including but not limited to the execution of the E-Notify User Agreements.
http://intra.co. miami-dade.fl.us/gia/matter.asp?matter=0713 87&file=true&yearFolder=Y2... 06/20/2007
Legislative Matter
HEADER
Date:
To: Honorable Chairman Bruno A. Barreiro
and Members,Board of County Commissioners
From: George M. Burgess
County Manager
Page 2 of 3
Subject: Resolution Authorizing Memorandum of Understanding for the Use and Oversight of the e-Notify Subpoena and Court
Notification Management System
STAFF RECOMMENDATION
It is recommended that the Board of County Commissioners authorize the County Mayor or his designee to execute the attached
Memorandum of Understanding (MOU).
The MOU establishes the terms under which Miami-Dade County {County), State Attorney's Office (SAO), Public Defender's
Office (PDO), Clerk of Courts (COC), Administrative Office of the Courts (AOC), and the Miami-Dade County Association of
Chiefs of Police (MDCACP) agree to use and oversee the e-Notify system for the automated management of subpoenas and
court notifications for law enforcement agencies. Additionally, it establishes the terms under which the County will be responsible
for the support of the e-Notify system and the MDCACP will be responsible for the yearly cost of maintaining the software license.
All agencies represented by the MDCACP will have access to and use of the e-Notify system.
Scope
The participation of all affected agencies is critical to the success of the e-Notify implementation. This MOU provides the
framework under which all participating agencies will work together in utilizing a single integrated system to provide consistent
and efficient subpoena and court notification services to all law enforcement witnesses countywide.
Fiscal ImpacUFunding Source
The County and MDCACP are partnering to share in the cost of maintaining the system, to the benefit of both parties. Under the
MOU, the County will support the hardware infrastructure necessary to support the system, while MDCACP agrees to pay for
application sofiware maintenance costs, established at $30,240 per year during the first 24 months of system use. After the initial
period, MDCACP will pay the actual costs to maintain the software.
` Track RecordlMonitor
j There are no known contractual issues with any of the parties to the MOU. The MDCACP has been at the forefront of positive
initiatives that. provide enhanced officer safety and a higher level of protection for our visitors and citizenry. The MDCACP has
been successful in encouraging the utilization of innovative crime fighting strategies, state-of--the-art technologies, and
comprehensive legislative policies and in the sharing of information with member agencies.
Jeffrey Marecic, Assistant Director for the County's Enterprise Technology Services Department (ETSD), will be responsible for
monitoring both this MOU, and the associated contract with Orion Communications, Inc.
MANAGER'S BACKGROUND
The County entered into a contractual agreement with Orion Communications, Inc, via contract BW8015-7/16-OTR, for a
subpoena and court notification system for all law enforcement agencies within the County's jurisdiction. The MOU shall become
effective upon approval by the Board and signature by all parties and will remain in force until terminated by the parties.
The e-Notify System provides an automated process that will streamline the process currently conducted by the Miami-Dade
Police Department Court Services Bureau and the Clerk of Courts in the delivery and notification of subpoenas and court
notifications to law enforcement witnesses. (twill improve monitoring of law enforcement court-related overtime expenses and will
enhance the communication among the court and law enforcement agencies. These gained efficiencies will allow for an increase
in officer patrol time and improved public safety in Miami-Dade County.
The roles and responsibilities of participating parties include the following:
'All parties will provide representation on the e-Notify Steering Committee that will provide oversight for the e-Notify application
and assign staff to provide the agreed upon support services.
`Miami Dade County (ETSD) will be responsible for the support of the e-Notify system and its' interfaces, software hosting
http:/lintra.co.miami-dade.fl.us/gia/matter.asp?matter=0713 87&file=true&yearFoldet=Y2... 06/20/2007
Legislative Matter
Page 3 of 3
services, support of Kiosk equipment, disaster recovery and the contract with the vendor in consultation with the e-Notify Steering
Committee
"The State Attorney's Office (SAO) and Public Defender's Office (PDO) will send through the e-Notify system al{ its requests for
appearances of officers from the participating law enforcement agencies and any cancellations of said requests.
* The Clerk of Courts (COC) will send to the e-Notify system all trial subpoenas, court hearings and re-scheduled court
appearances for officer (and other police department personnel), notifications of depositions, and notification of cancellation for
officers (and other police department personnel). The COC will maintain exclusive control of all subpoena templates approved by
the SAO, PDO and COC, and will be granted access to view docketed subpoenas and court notifications.
The AOC will be granted access to view docketed subpoenas and court notifications.
`The Miami Dade County Association of Chiefs of Police (MDCACP) agencies and User Agencies will use the e-Notify system to
receive and acknowledge receipt of subpoenas and court notifications, check-in and out of court using CourtTracker at the
assigned kiosks. The MDCACP will be responsible for the payment of yearly software license maintenance costs.
Assistant County Manager
In order to view the Printable PDF FOrf)latyou need to have Adobe's Acrobat Reader ®installed on your
computer. If you don't have it, click on the following Icon and you will be redirected to Adobe's website where you can
download and Install Acrobat Reader.
http://intro.co.miami-dade.fl.us/gia/matter.asp?matter=071387&tile=true&yearFn?-; Y2... 06/20/2007
Page 1 of 2
Hernandez, Kerry
From: Gruen, Michael
Sent: Thursday, March 27, 2008 5:05 PM
To: Hernandez, Kerry
Subject: FW: Need MOU for E-Court Notify Initiative
Attachments: e-Notify Signed MOU and Legislative Item.pdf
Kerry:
Attached please find a copy of the original agreement.
Take Care
Michael
From: Elmore, Jennifer
Sent: Thursday, March 27, 2008 4:57 PM
To: Gruen, Michael
Subject: FW: Need MOU for E-Court Notify Initiative
Please read below --
MlANifBEACH
Captain Jenny Elmare
POLICE DEPARTMENT
SUPPORT SERVICES DIVISION
Tel: 305-673-7776 Ext. 5300
Fax:786-394-4961
-- PERSONNEL RESOURCES UNIT
From: Suarez, Wanda (ETSD) [mailto:WIRR@miamidade.gov]
Sent: Friday, September 07, 2007 7:04 PM
To: Hernandez, David
Cc: Elmore, Jennifer; Cardeno, Hernan; Stamp, Barry; Paskiewicz, Gloria; Hernandez, Miguel A. (MDPD)
Subject: RE: Need MOU for E-Court Notify Initiative
Hi David,
Attached is the signed copy of the MOU for your review. It was signed by Robert Parker, representing the
MDCACP as President. Therefore an additional sign-off from an agency that is part of the Association is not
required.
I also talked to Captain Jennifer Elmore today to discuss e-Notify and was advised she would continue as the
primary contact person. I look forward to working with all of you for a successful e-Notify implementation for the
Miami Beach Police Department.
Regards,
Wanda I. Suarez, PMP
Enterprise Technology Services Department
Miami-Dade County
03/28/2008
Page 2 of 2
phone 305-596-8815
Wanda.Sua_rez@miamidade.gov
From: Hernandez, David [mailto:DavidHernandez@miamibeachfl.gov]
Sent: Friday, September 07, 2007 6:55 PM
To: Suarez, Wanda (ETSD)
Cc: Elmore, Jennifer; Cardeno, Hernan; Stamp, Barry; Paskiewicz, Gloria
Subject: Need MOU for E-Court Notify Initiative
Importance: High
Hello Wanda:
Thank you for all the time you have spent explaining this project to me over the phone.
As a reminder, please forward me the Memorandum of Understanding (MOU) you mentioned so we can review it
and plan accordingly.
Also, please check to see if you ever received one from our agency.
Additionally, the following personnel should be contacts for our agency:
Captain Jennifer Elmore; jenniferelmore@miamibeachfl.gov; 305-673-7776 X5300; (Commander over
Personnel Resources Unit which oversees the Court Liaison Office)
Commander Hernan Cardeno; hernancardeno@miam_ibeachfl~c ov; 305-673-7776 X3015 (Commander over
the Professional Standards Unit and Information Resources Unit = my supervisor)
Me; please see contact info below; (Technology Coordinator in the Information Resources Unit)
Thank you,
David.
M IAM 1 ~ACF#
Sergeant David Hernandez, Technology Coordinator
Technical Services Division
1100 Washington Avenue, Miami Beach, FL 33139
Tel: 305-673-7776, ext# 5558 /Fax: 305-673-7675 / davidhern~ndez@miamihea_chfl.gov ! vdww.miamibgachfl.gov
"We are committed to providing excellent public service and safety to al! who five, work and play in our vibrant, tropical, historic community"
03/28/2008